Showing posts with label Rocky Mountain Wild. Show all posts
Showing posts with label Rocky Mountain Wild. Show all posts

Wednesday, August 2, 2023

Village at Wolf Creek saga continues...Rocky Mtn Wild, News Update - August 2nd, 2023


RMW: "On July 21, 2023, Rocky Mountain Wild and our partner organizations filed a Response Brief defending both Judge Matsch and Judge Arguello's Orders and reiterating all the reasons why the Agencies actions were unlawful."

I received an update to the ongoing legal sage of the infamous "Village at Wolf Creek" land speculation, which is situated at over 10,000 feet (over 3,000 meters) elevation, where the air pressure is 10.2 PSI compared to sea level's 14.7 PSI, which makes a big difference when it comes to maintaining a healthy body.  

But I digress, this issue is about speculation for profits and developers, not breathable air, or healthy living, and the reason for this post is to share Rocky Mountain Wild's recent update on the seemingly never-ending legal battle to save Alberta Park from a destructive fanciful development (that's destined to turn into a habitat destroying, business bankrupting boondoggle, if ever allowed to go forward).

For some backstory, visit: Caught Red-handed - April 4, 2019


August 1, 2023


The Village at Wolf Creek saga continues...

 

On October 20, 2022, Federal District Court Judge Christine Arguello once again ruled that the Forest Service acted unlawfully when issuing the access decision for the Village at Wolf Creek. The Court also found that the Fish and Wildlife Service violated the Endangered Species Act when analyzing the impacts of this decision on the Federally listed Canada lynx. 


Judge Arguello partially based her decision on Judge Richard Matsch's 2017 Orders finding a similar decision to be unlawful. Instead of responding to Judge Matsch's Orders through completing a lawful environmental analysis of the impacts of this access decision, the agencies relied on the same faulty analysis in issuing a new decision in 2018.  

 

Both the Forest Service and the Developer, the Leavell-McCombs Joint Venture, appealed Judge Arguello's decision to the 10th Circuit Court of Appeals. 


On July 21, 2023, Rocky Mountain Wild and our partner organizations filed a Response Brief defending both Judge Matsch and Judge Arguello's Orders and reiterating all the reasons why the Agencies actions were unlawful. The Agencies continue to elevate the desires of a developer over protection of our National Forests and the species that require that habitat to survive.  

 

The issues with this proposed development started back in 1986. The developer acquired this piece of land with what it conveyed as a worst-case development scenario of 208 units. To ensure the development was compatible with the ski area and the surrounding Forests, a scenic easement was placed on the parcel to limit the development and the ski area was involved in the project. 


However, after acquiring the parcel, the Developer proposed closer to a 2000-unit development. The Developer and the Ski Area's relationship also deteriorated to the point where they ended up in Court on opposite sides of a case. Based on the increase in the development size and the issues with the Ski Area, the Developer needs a new and larger access road to the parcel. Decades of litigation, improper political pressure, unlawful agency actions, and uncertainty for Wolf Creek Pass ensued.  

 

Now the fate of this important habitat connectivity corridor in a uniquely undeveloped area of Southern Colorado will be up to a panel of three appellate judges. We will keep you posted as our efforts to protect Wolf Creek Pass continue to unfold.  

 

No Pillage!



Matt Sandler

Legal Director, Leadership Team

Rocky Mountain Wild



P.S. Interested in supporting this work? Donate to Rocky Mountain Wild through our Colorado Gives page.



F.Y.I.


April 2019


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Friday, September 28, 2018

Village at Wolf Creek Objection Review Period EXTENDED to November 21st

I received the following today: 'Village at Wolf Creek Objection Review Period' has been extended to November 21, 2018.  It would be interesting to know the back story to this, but hey the important part is that citizens have additional time to voice their objections.

click on image for clearer view
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FOR MORE INFORMATION LINK TO,


Submit your objection to the Village at Wolf Creek Pass 
Road Access Project to,

Read more »
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Tuesday, July 31, 2018

Petition: Keep Wolf Creek Wild - Change.org - Rocky Mtn Wild

Judge Matsch responded: “I understand the public interest but there is also the natural environment’s interest, which is what this is all about.”
Photo courtesy of: Alex Pullen
I’m a bit embarrassed that I didn’t know about this petition until today, but its a crowded life and there’s only so much bandwidth.  That’s why networking is important - and why I believe there needs to be more communication between like-minded folks if we hope to have real impact.  But I reckon that’s a different story.
Rocky Mountain Wild started this petition to 

For 30 years conservation groups, outdoor enthusiasts, and local residents have fought to protect Wolf Creek Pass in southwestern Colorado. 
At over 10,000 feet in elevation, the pass connects two wilderness areas and is a hot spot for biodiversity. Wildlife, including black bear, elk, and the rare Canada lynx use this area to move between large undeveloped swaths of forest. Irreplaceable fen wetlands are the home to hundreds of plant and bird species. And, the deep winter snowpack provides much-needed water to downstream communities and agriculture.
The pass is also the home of Wolf Creek Pass Ski Area, one of Colorado's last remaining family-owned ski areas. Wolf Creek is cherished for providing a nostalgic ski experience. Free from traffic, long lines, condos, nightclubs and chain restaurants, skiers at Wolf Creek are treated to deep powder at affordable prices.
Unfortunately, a questionable land exchange in 1987 gave Texas billionaire B.J. "Red" McCombs a private parcel at the base of the ski area. Mr. McCombs and his business partners have repeatedly tried to develop a massive "village" for 10,000 people on this site. They have been stopped by the Courts, who have consistently found that the developers have not conducted a complete environmental analysis of their scheme.
Now, however, hidden from public view and input, the developers are attempting to brush Federal Court decisions and environmental laws aside and pressure local Forest Service staff into granting them increased access to their parcel. Their goal is to start construction this summer.
You can help us keep Wolf Creek Pass wild! Please sign the petition urging Rio Grande National Forest Supervisor Dan Dallas to uphold Federal Court decisions and stand up to back channel pressures. Together, we can stop the bulldozers on Wolf Creek Pass.
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Some important background information can be found at:
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Saturday, July 28, 2018

Friends of Wolf Creek, Call to Action! Submit Comments to RGNF/USDA

I received the following email today and am sharing it as a public service announcement.

Submit your objection to the Village at Wolf Creek Pass 
Road Access Project to,

The Forest Service intends to give the Village of Wolf Creek road access. The Rio Grande National Forest announced its intention on July 19 to circumvent a federal court ruling that invalidated prior approvals for the controversial Village at Wolf Creek real estate development. 

As you know, a Colorado federal district court set aside the Forest Service's approval of a land exchange to facilitate the development in May of last year. "The Forest Service cannot abdicate its responsibility to protect the forest by making an attempt at an artful dodge," the court declared. Now, the Forest Service hopes to use the same artfully dodged analysis, previously deemed in violation of multiple federal laws, to approve a different means of providing the developers access.

The Forest Service is also trying to severely limit who can comment on this acton by limiting objections to those who "previously submitted specific written comments regarding the proposed project during scoping or comments on the draft EIS" in 2012.

We believe that everyone should have the opportunity to comment on changes to their public lands. We encourage everyone to submit their objections.
Please email Friends of Wolf Creek with a copy of your comments, so that we have a record of what the Forest Service is receiving (this is obviously not a requirement for objections, we would just really appreciate it!).

Objection requirements, how to submit your objection, talking points, and how to write comments that stick can be found on our website.
Submit your comments before the September 5 deadline.

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Sunday, May 21, 2017

Village At Wolf Creek developments - collection of news stories, May 2017



In a significant win for opponents of the Village at Wolf Creek, a federal judge on Friday invalidated the U.S. Forest Service’s decision to approve a land exchange that would have essentially served as a green light for a new resort atop the remote mountain pass.

“The order rules in the favor of community groups who have been fighting this ill-conceived project for decades,” said Travis Stills, an attorney with Energy & Conservation Law. “This is an important decision that respects the law, the environment and, importantly, agency staffers who tried to protect the national forest, despite the constant barrage of political pressure.” …

For nearly three decades, Leavell-McCombs Joint Venture has sought to build a resort with a capacity for an estimated 8,000 to 10,000 people on the mountain pass at nearly 10,000 feet and more than 20 miles from the nearest town.

… Senior Judge Richard P. Matsch in no uncertain terms agreed with those concerns. …  


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VICTORY FOR THE CANADA LYNX AT WOLF CREEK!
San Luis Valley Ecosystem Council


We did it!! Denver Judge Matsch ruled that federal agencies did not complete the work that must be done to review developmental impacts a large scale ski resort would have on the National Forest at Wolf Creek Pass, and that any future village proposal must include that review. Thank you to Rocky Mountain Wild, the San Luis Valley Ecosystem Council, San Juan Citizens Alliance, and Wilderness Workshop for making this possible! See the press release and court document at the links below.



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BIG WIN: Judge Nullifies Land Exchange Critical to 
Village at Wolf Creek (development)

Judge Matsch’s decision validates nearly every complaint we had regarding the Forest Service’s botched attempt at an Environmental Impact Statement. They shirked their responsibility to assess the impacts of development and disregarded significant public input. Your input.
In a world where billionaires too often get their way, regardless of how they play the game, this is a reassuring testament to the power of democracy and everyday people to speak out and make a difference,.

See full Press Release below:

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PRESS RELEASE: Federal Judge Sets Aside Forest Service Wolf Creek Land Exchange

Denver, CO — The Honorable Senior Judge Richard P. Matsch issued an Order today affirming that the Forest Service “failed to consider important aspects of the issues before them, offered an explanation for their decision that runs counter to the evidence, failed to base their decision on consideration of the relevant factors, and based their decision on an analysis that is contrary to law.” This Order concludes another chapter in this decades long saga to protect Wolf Creek pass from a large scale residential and commercial development that could accommodate 8,000 to 10,000 visitors.


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MONDAY, JUNE 29, 2015
Pictures of Alberta Park the proposed site for the luxury Village at Wolf Creek

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TUESDAY, JANUARY 19, 2016
Concise History of the Village at Wolf Creek - San Juan Citizens Alliance

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THURSDAY, MARCH 4, 2010
The Back Story ~ Village at Wolf Creek ~ presented by Ryan Bidwell 
(at the time Executive Director of Colorado Wild)

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MONDAY, OCTOBER 17, 2011
Alberta Park's Rio Grande Nat'l Forest Service....... 'open house hike' September 20, 2011
(revised 2/26/12 to reflect final draft)

… Considering the great controversy surrounding this project the Rio Grande National Forest decided to sponsor a four hour field trip/hike September 20th through Alberta Park, site of the proposed development. Led by District Ranger Tom Malecek the tour was intended to inform the interested public about the project as well as offering a friendly setting for folks to speak with various participants. …

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THURSDAY, JUNE 4, 2015
June 4, 2015 - Wolf Creek Land Exchange - Inside Durango TV

Updated 6/6/2015 - Supervisor Dallas responds to my questions 

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TUESDAY, JANUARY 19, 2016
Index of Posts - NO-Village at Wolf Creek - Rio Grande National Forest ( January 2016)

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TUESDAY, JANUARY 19, 2016
RGNF asks for patience, wait for the judge to judge.

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SUNDAY, JANUARY 17, 2016
When is enough, enough - Rio Grande Nat'l Forest and Red McCombs?

Forest Service Actively Concealed And Destroyed Information Concerning Planned Development On Wolf Creek Pass
Advocacy groups push for release of records from senior officials 

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THURSDAY, OCTOBER 1, 2015
Judge rules agency inexplicably withheld information from public

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WEDNESDAY, MAY 20, 2015
Celebrating Alberta Park and Honoring Wolf Creek

Art for the Endangered Landscape:  Honoring Wolf Creek 
Friends of Wolf Creek is planning an informative and inspiring art opportunity this summer, honoring Wolf Creek Pass. Artists of all disciplines will converge at the Wolf Creek Ski Area on Saturday June 20, 2015 to spend the day in the creative process. 






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Saturday, May 20, 2017

UPDATE - VWC-RGNF deal tossed out! Judge Rejects Flawed Process - RockyMtnWild Press Release


ROCKY MTN WILD, PRESS RELEASE: Federal Judge Sets Aside Forest Service Wolf Creek Land Exchange

Posted on  by Chris

For Immediate Release, May 19, 2017

Federal Judge Sets Aside Forest Service Wolf Creek Land Exchange

Any future Village Proposal Must Address Development Impacts on the National Forest and Lynx

Denver, CO — The Honorable Senior Judge Richard P. Matsch issued an Order today affirming that the Forest Service “failed to consider important aspects of the issues before them, offered an explanation for their decision that runs counter to the evidence, failed to base their decision on consideration of the relevant factors, and based their decision on an analysis that is contrary to law.” This Order concludes another chapter in this decades long saga to protect Wolf Creek pass from a large scale residential and commercial development that could accommodate 8,000 to 10,000 visitors.
“This ruling is an incredible victory for the flora and fauna that rely on Wolf Creek pass for their survival,” stated Tehri Parker, Executive Director of Rocky Mountain Wild. “This order specifically recognizes the ‘unique’ environmental qualities of this region, and the role that it plays as a wildlife movement corridor between the Weminuche and South San Juan Wilderness areas. We couldn’t be happier with this outcome and getting this great news on Endangered Species Day!”
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Thursday, February 16, 2017

Village at Wolf Creek Lawsuit UPDATE, Rocky Mountain Wild

From: Chris Talbot-Heindl
Communications and Membership Manager


The Wolf Creek Case briefs are in!


At the start of this month, Rocky Mountain Wild submitted the Reply brief for the Wolf Creek case! Now we wait on Judge Matsch to make a decision. If we are successful, the lawsuit would reverse the 2015 decision by the Forest Service to approve a land exchange providing critical road access needed for the 8,000 person "village" on Wolf Creek Pass.

This case details how the Forest Service unlawfully limited the scope of the environmental analysis and used the process to benefit a private business over the good of the public. Despite the site of the proposed development being located in crucial habitat for the endangered Canada lynx, a wildlife corridor linking two major Wilderness areas, and containing rare fen wetlands, the Forest Service did not properly analyze protections or demand mitigation as part of the land transfer.

In a related Freedom of Information Act (FOIA) case, Judge Martinez ruled that the Forest Service did not have to collect and disclose records in the possession of the contractors who prepared the environmental analysis underlying the Forest Service's land transfer decision. Although we already succeeded in obtaining thousands of government records in this case, the Court's decision on this issue insulated the private contractor records leaving unanswered questions as to whether or not the developer exerted undue influence over the private contractors and what information was before the contractors that didn't make it into analysis provided to the public. While the denial is troubling, we believe the merits case is still strong.

Additional information:
Press Release: "Final Arguments, Filings Against Massive Development at Wolf Creek in Judge's Hands"
Article in The Durango Herald: "Future of Village at Wolf Creek awaits judge's decision"
Blog post about ski area character: "Glitz and Glamour at Wolf Creek?"
Blog post about Canada lynx: "The “Village” at Wolf Creek Pass – a disaster for the Endangered Species Act listed Canada lynx"
Thank you for supporting the fight to keep Wolf Creek Pass wild!
#NoPillage

P.S. If you want to follow us on social media, we do have a Facebook page, which has up-to-date information from all Friends of Wolf Creek partners.
P.S.S. Consider making a donation to the Friends of Wolf Creek. Select "Friends of Wolf Creek" in the "Direct My Donation" drop-down.
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